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Could Tenerife goalkeeper face criminal charges after de Miguel’s death?

Could Tenerife goalkeeper face criminal charges after de Miguel’s death?
— Photo: AnewZ - Latest

Spanish police are investigating the death of Tenerife striker Jesus de Miguel. The central question is whether his collision with Andorra goalkeeper Jesus Owono fell within the accepted risks of football or resulted from criminal negligence.

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Spanish police are investigating the death of Tenerife striker Jesus de Miguel, who died after colliding with an opposing goalkeeper during a second-division match. The incident has raised questions about when an on-field challenge could become the subject of a criminal case, AnewZ reports.

The 30-year-old footballer died on Tuesday morning, a day after colliding with Andorra goalkeeper Jesus Owono on Monday. Spanish media reported that the National Police had opened an investigation into possible manslaughter by negligence.

Collision occurred in the final minutes of the match

The incident happened late in Monday’s 2-2 match between Tenerife and Andorra at the Heliodoro Rodriguez Lopez Stadium in Santa Cruz de Tenerife.

In the seventh minute of stoppage time, Owono left the penalty area and ran towards the middle of the pitch to reach a long pass, colliding heavily with de Miguel. The goalkeeper struck the striker in the chest. The referee stopped the match in the 108th minute.

De Miguel suffered cardiac arrest and was taken by ambulance to Nuestra Senora de Candelaria University Hospital, where he was admitted to intensive care.

Owono was shown a straight red card. According to ESPN, the referee sent the goalkeeper off for a dangerous high-foot challenge involving excessive force against an opponent while the ball was in play. Owono later came out of the tunnel and joined teammates who were checking on the injured player.

Tenerife said on Monday evening that de Miguel was in stable condition despite the severity of his injuries. The following day, the club said his neurological condition had worsened, then announced that he had died at 08:00 on Tuesday.

De Miguel made his debut for Leganes B in 2015 and later played for eight clubs in Spain. He joined Tenerife in 2025 and helped the team secure promotion to the top flight last season.

Football rules and possible sanctions

In a statement, Tenerife said that “nothing can ease this profound grief” and asked that the family’s privacy be respected.

Andorra, Barcelona, de Miguel’s former club Castellon and La Liga President Javier Tebas offered their condolences. The Royal Spanish Football Federation (RFEF) postponed the Copa del Rey and Copa de la Reina matches scheduled for Tuesday.

Under Article 12 of the Laws of the Game published by the International Football Association Board (IFAB), a challenge that endangers an opponent’s safety or uses excessive force or brutality constitutes serious foul play and must be punished with a red card.

Article 2 of the 2023 edition of the FIFA Disciplinary Code states that the code applies to “every match and competition” organised by FIFA. Under Article 70, national associations must ask FIFA to extend certain sanctions worldwide for serious offences such as discrimination, match manipulation and forgery. Disciplinary cases involving domestic competitions in Spain are handled under the RFEF’s own disciplinary code.

Spanish media have outlined several possible sanctions for Owono under the RFEF disciplinary code, depending on how the challenge is classified.

Vozpopuli and El Democrata report that violent conduct resulting in serious consequences may be punished under Article 102 with a suspension of four months to 12 matches.

According to Vozpopuli, less serious violence during a match, covered by Article 130, may result in a suspension of one to three matches. El Democrata cited Article 122, which covers dangerous play causing harm, and reported the same range of sanctions.

El Democrata added that an assault resulting in injury may be punished under Article 103 with a suspension of six to 15 matches, but intent would have to be proved.

Vozpopuli noted that the code does not specifically address cases resulting in death, and that the disciplinary committee must decide how to classify the challenge. El Desmarque reported that sports courts could consider the case exceptional.

Police investigate possible manslaughter by negligence

Police have opened an investigation into possible manslaughter by negligence. Heraldo de Leon, citing police sources, reported that the offence is governed by Article 142 of Spain’s Criminal Code.

According to Vozpopuli, gross negligence resulting in death may carry a prison sentence of one to four years, while lesser negligence may be punishable by a fine.

El Desmarque reported that the National Police’s homicide unit in Santa Cruz de Tenerife is investigating the incident and that preliminary proceedings have also begun in the city’s courts of investigation.

Heraldo de Leon stressed that the opening of an investigation does not establish Owono’s guilt. Vozpopuli also noted that neither the death nor the red card, by itself, proves criminal liability.

Investigators will examine footage of the match, expert assessments and forensic medical findings on the cause of death to determine whether a criminal offence occurred.

A central issue in the investigation is the principle known in Spanish law as “permitted risk.” According to El Desmarque, footballers accept the risk of injury during the normal course of play, but that defence does not apply to intentional assaults.

For a criminal case to proceed, prosecutors must prove that there was negligence significant under criminal law, a causal link between the challenge and de Miguel’s death, and that the fatal outcome can legally be attributed to Owono’s actions.

Emilio Cortes, a professor of criminal law quoted by El Desmarque, said the challenge significantly exceeded the limits of permitted risk. In his view, the incident could be prosecuted as manslaughter by negligence even if there was no intent to cause harm. “Permitted risk has limits; it is not a blank cheque that allows anything,” he said.

Previous fatal collisions and court rulings

Fatal collisions on football pitches are rare. Earlier cases have also highlighted the difficulty of establishing criminal liability.

According to Fox News, 21-year-old Peruvian footballer Jhelar Gonzalez Altamirano died in April 2025 after colliding with an opposing goalkeeper who had come out to collect a long pass. The report did not mention any legal action.

Sports Illustrated reported that in October 2017, 38-year-old Indonesian goalkeeper Choirul Huda died after colliding with teammate Ramon Rodrigues of Persela Lamongan during a league match. Reports at the time also made no mention of legal action.

Spanish courts have previously upheld criminal convictions for violence on the pitch, although the circumstances in those cases were different. In ruling No. 379/2025, the Supreme Court upheld a six-year prison sentence for a footballer who, after being sent off, struck an opponent from behind, leaving him with tetraparesis, a form of paralysis.

In that case, compensation of 714,000 euros was increased by more than 54,700 euros following an appeal. El Desmarque reported that the court distinguished an incident occurring in the normal course of play from an intentional act of violence.

Vozpopuli highlighted key differences in the case involving Owono: the collision occurred during a professional match while play was under way, and there have been no reports of threats or similar conduct.

According to Vozpopuli, no criminal sanction has yet been imposed on Owono. The RFEF disciplinary committee must decide whether the challenge warrants an additional suspension and, if so, its length. The criminal investigation will focus on whether Owono’s actions crossed the legal boundary between risks accepted in football and criminal negligence.

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